1. Supreme Court Cases
Central Focus: Is the U.S. Constitution a “living” document in terms of how the words in the Constitution and Bill of Rights have been interpreted and applied throughout their existence?

2. Bell ringer : 1. What document says the federal government is supreme?
2. What are your First Amendment rights?

3. Central Focus:
Over the next few days we will be focusing on this central idea:
Is the U.S. Constitution a “living” document in terms of how the words in the Constitution and Bill of Rights have been interpreted and applied throughout their existence?

4. Things to think about:
1.What do you think “living Constitution” means?
2. What are a few examples you know of where the Constitution has changed?
3. While you watch this video, listen for examples of laws that were changed.

5. Essential Question for the day:
How were the Bill of Rights and the constitutional principle of federalism interpreted and applied in Supreme Court cases?

6. Marbury v. Madison (1803)
Background: Marbury was appointed as a US judge by President Adams during his last days in office. President Jefferson refused to give Marbury his position.
Decision: Marbury does not get appointment, SCOTUS can declare a law/action unconstitutional
Established judicial review

7. Gibbons v. Ogden (1824)
Background: Gibbons (had federal permission) questioned Ogden’s state charter to run a ferry
Decision: Federal government is supreme, Congress has power to regulate commerce
Commerce Clause: Congress can regulate trade

8. McCulloch v. Maryland (1819)
Background: McCulloch, a bank cashier, refused to pay a tax placed on the federal bank by the State of Maryland
Decision: Allowed Congress to create a bank (implied powers) and states cannot tax the national government
Necessary & Proper Clause

9. U.S. v. Nixon (1974)
Background: Nixon refused to give up tapes revealing his role in a crime claiming “EXECUTIVE PRIVILEGE”
Decision: President cannot abuse power of executive privilege to cover/alter criminal investigation & Nixon was forced to give up tapes
huge blanks in tapes...
Rule of Law!

10. NY Times v. U.S. (1963)
Background: NY Times was trying to publish the Pentagon Papers, which would have revealed the U.S. war strategy for Vietnam
Decision: The government does NOT have prior restraint in the U.S. and the NY Times was allowed to publish the papers

11. Engel v. Vitale (1962)
Background: Parents sued school over a prayer said every morning in a NY Public School. Is school prayer constitutional?
Decision: Students cannot be required to say a prayer in schools
1st Amendment: Freedom of religion
Establishment Clause- “Congress shall make no law respecting an establishment of religion.”
Separation of church and State

12. Texas v. Johnson (1989)
Background: Johnson burned a flag, protesting President Reagan, was arrested because of TX flag burning laws
Decision: Flag burning is a Constitutional form of protest
1st Amendment: Freedom of speech/expression

13. Nazi v. Skokie (1977)
Background: National Socialist Party wanted to march through the town of Skokie, IL, a Jewish community, but the town did not want them to.
Decision: Hate speech is legal.
1st Amendment: Freedom of Expression

14. Tinker v. Des Moines (1969)
Background: John & Mary Beth Tinker wanted to protest Vietnam War by wearing armbands, principal said no.
Decision: Students can protest as long as it is not disruptive to the school environment

15. N.J. v. TLO (1985)
Background: TLO was caught smoking in the bathroom, principal asked to search her bag & she refused, saying the principal needed a warrant but he searched anyway.
Decision: Principal does NOT need a warrant if it deals with school security

16. Hazelwood v. Kuhlmeier (1988)
Background: student wrote about “divorce and pregnancy” in their school newspaper and their principal censored it
Decision: Students do not have freedom of press in the school because it may cause a disruption

17. Review: Which amendments deal with people accused of crimes?
What does SCOTUS stand for?
4th-search warrant
5th-due process, self- incrimination
6th-speedy trial
8th-cruel and unusual punishment

18. Essential Question:
What does equality mean in our society and should equal rights be extended to everyone regardless of gender, race, or alleged criminal background?

19. Fourteenth Amendment (1868)
Granted citizenship to “all persons born or naturalized in the US” (included former slaves recently freed, not women)
Gives equal protection of the laws
Directly mentions role of the states
Cited in more litigation than any other amendment

20. Scott v. Sandford (1857)
Background: Dred Scott was a slave whose owner moved from a slave state to a free state. Scott sued for his freedom, claiming that because he now lived in a free state he should be considered free.
Decision: Dred Scott was property, not a citizen and had no standing in the courts

21. Plessy v. Ferguson (1896)
Background: Plessy was ⅛ black & bought a white train ticket. He refused to move to the black train & was arrested
Who does this sound like?
Decision: Segregation laws are Constitutional as long as they are “Separate but Equal”
14th Amendment→ Equality

22. Brown v. Board of Education (1954)
Background: Mr. Brown demanded his daughter be allowed in a white school in order to receive an education closer to home
Decision: Segregation is unconstitutional
Separate is NOT equal
Integrated schools
Which case did this overturn?

23. Swann v. Charlotte Mecklenburg (1971)
Background: Swann’s child was being bussed across town for school to keep a racial balance
Decision: Bussing is constitutional if used to achieve racial integration of schools
14th amendment → Equality

24. Swann v. Charlotte Mecklenburg & Brown v. BOE
De Facto Segregation:
“concerning fact”
Segregation by choice of tradition, widespread individual choice
De Jure Segregation:
“concerning law”
Segregation mandated by laws

25. University of California v. Bakke (1978)
Background: Alan Bakke, a white male, was denied entrance into medical school so that the school could reach its black quotas, even though he was more qualified
Decision: Affirmative action is legal, BUT quotas to determine affirmative action are NOT constitutional
14th Amendment

26. Heart of Atlanta v. US (1964)
Background: African Americans were not allowed to stay at the HoA motel
Decision: Under the Civil Rights Act of 1964, African Americans cannot be denied access to public businesses
14th Amendment

27. Loving v. Virginia (1967)
Background: Mildred Loving (black woman) and Richard Loving (white man) were sentenced to a year in prison for marrying each other
Decision: The court ruled that Virginia’s anti-miscegenation statute violated both Due Process Clause and the Equal Protection clause of the 14th Amendment

28. Roe v. Wade (1971) Background: Jane Roe wanted to have an abortion
Decision: Abortion is legal under the privacy clause of the 9th and 14th Amendments

29. Mapp v. Ohio (1961)
Background: Mapp’s home was searched without a valid warrant, pornographic material was found. She was convicted under Ohio’s porn laws.
Decision: Created EXCLUSIONARY RULE--evidence found in an illegal search cannot be used against a suspect
4th Amendment-Search and seizure

30. Gideon v. Wainwright (1963)
Background: Gideon was found outside a pool hall, accused of robbing it, he couldn’t afford a lawyer (told he didn’t need one) and was sentenced to 5 years in prison
Decision: Everyone is granted the right to a lawyer in ALL cases. If you cannot afford one, court must appoint one.
6th Amendment-right to an attorney

31. Miranda v. Arizona (1966)
Background: Miranda, an immigrant was arrested and convicted of rape and murder, without knowing the legal protection granted to him
Decision: All suspects should be informed of their rights upon being arrested
“Miranda Rights” → you have the right to remain silent….

32. In re Gault (1967)
Background: Lady reported 15 year old, police questioned and arrested him without parent present
Decision: Parents must be present/notified of juvenile arrests, and due process still applies in juvenile cases
5th and 14th Amendments deal with due process

33. Furman v. Georgia (1972)
Background: Furman broke into a home & accidentally killed the homeowner. He was given the death penalty
Decision: Death penalty for accidental murder is cruel & unusual
***More black males received death penalty in GA than anyone else
Puts death penalty in GA on hold for awhile
8th Amendment- Cruel and unusual punishment

34. Gregg v. Georgia (1976)
Background: Gregg violently murdered 2 men after they picked him up hitchhiking. Given death penalty.
Decision: Death penalty was NOT cruel & unusual punishment because he intended to kill them

35. Back to the Central Focus:
Using your knowledge about various cases from today:
Is the U.S. Constitution a “living” document in terms of how the words in the Constitution and Bill of Rights have been interpreted and applied throughout their existence?

36. Bell ringer
Do you think the Constitution is a living document? Do you think the Constitution should be interpreted with the original intent of the framers?

37. Different Interpretations:
Living Document:
Constitution should grow and adapt to new circumstances
Original Intent:
Constitution should be interpreted as the framers intended

38. Different Interpretations:
Loose Constructionism:
Courts should not be limited by what is explicitly stated in the Constitution
Strict Constructionism:
Courts should not reinterpret the Constitution

39. Analyzing Political Cartoons
What's going on in this picture?
What do you see that makes you say that?
Which philosophy is this representing?

40. Analyzing Political Cartoons

41. Analyzing Political Cartoons
“We hold these truths to be self-evident, that everyone has the Right to Universal Health Care, Government Bailouts and the pursuit of Clean Energy”

42. Analyzing Political Cartoons

43. Analyzing Political Cartoons
How would you classify these 4 political cartoons?
Which was the most convincing?